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Judge Posner Called It a “Racket”

USA - June 16 2022 A Federal Judge Pushes Back Against a Very Similar "Mootness Fee" Petition in Federal Merger Litigation In a recent decision from the United States…

Andrew Escobar, Sarah Fedner, Meryl A. Hulteng, Gregory A. Markel, Daphne Morduchowitz

SEC’s In-House Adjudication Deemed Unconstitutional by Fifth Circuit

USA - May 26 2022 A key enforcement power of the Securities and Exchange Commission (“SEC”)—its ability to elect to conduct in-house administrative proceedings before…

Matthew Catalano, Gregory A. Markel, Daphne Morduchowitz, Vincent A. Sama

Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC

USA - May 11 2022 Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the…

Renee B. Appel, Rebecca A. Davis, Ameena Y. Majid

The Grundfest Solution Works Again and Corporate Counsel of Public Companies Should Take Notice of the Upside of Federal Forum Selection Clauses

USA - May 5 2022 On April 28, 2022, the California Court of Appeals became the first appellate court outside of Delaware to uphold a federal forum provision (“FFP”)…

Andrew Escobar, Meryl A. Hulteng, Gregory A. Markel, Daphne Morduchowitz, Vincent A. Sama, Catherine B. Schumacher

Human Capital Disclosure Report: With Vague SEC Guidance Comes General Disclosures

USA - July 30 2021 Last Fall, we reported that the Securities Exchange Commission (SEC) was deliberately vague in its new requirement that publicly listed companies…

Jennifer A. Kraft, Ameena Y. Majid